This was a clear end run around the Texas election law. It is less clear, however, that this behavior fits the definition of money-laundering or should be prosecuted and punished using that criminal offense.

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In Texas, as elsewhere, money-laundering is defined as knowingly using "the proceeds of criminal activity," such as cash from drug deals.

But it was legal for corporations to donate to Mr. DeLay's political action committee, so it's fair to question how the cash sent to and from the RNC was transformed into criminal "proceeds." Mr. DeLay's lawyers presented testimony from three current and former RNC officials that such money swaps were common transactions for political parties.

Mr. DeLay's conduct was wrong. It was typical of his no-holds-barred approach to political combat. But when Mr. DeLay, following the conviction, assailed "the criminalization of politics," he had a fair point.